Miers Will be Confirmed to the Supreme Court?

The arguments against Miers run along these lines: (1) we really don't know where she stands (2) her resume indicates she isn't up to the job (3) she is a crony.

The crony charge is actually a variation of the second argument. If Michael Luttig (a favorite of the conservative activists) was a personal friend of Bush 43 and was nominated there would be no charges of cronyism.

The questions of her resume really breaks into two issues. (1) She isn't smart enough for the job. (2) She lacks the experience to handle Constitutional Law issues. Some critics will cite both aspects but some say she's smart enough but just not experienced enough.

In the context of neurosurgery, you would hire a surgeon who has the training and experience.

Is the Supreme Court analogous to neurosurgery?

Does the job require that high a level of specialization?

If the answer is no, then her experience in private practice should readily transfer over.

Some critics look down on her Southern Methodist University educational pedigree and say she isn't smart enough.

I think that is unfortunate.

We all know that many of the top billionaires in the USA are college drop-outs and no one would say those people are not smart.

Miers professional successes indicate she has the smarts and the drive to do the job.

As for the charge "we don't know where she stands," that is always going to be a problem with any nominee.

We have hints from their past but no guarantees. Journalists and the Senate Committee should dig up as much information about her and can be found and interview those who know her.

The Senate Judiciary Committee hearings will be watched carefully. If she comes across confidently and clearly, the opposition will melt away. If she stumbles then she will have to withdraw.

With Roberts there was almost 100% certainty that he would come across well as he had argued before the Supreme Court numerous times.

Miers most recent experiences have been behind the scenes in the West Wing of the White House. One would anticipate that her private practice days of arguing in court would come back to her much like one never forgets how to ride a bicycle.

Barring any unanticipated revelations about her past, I think she will be confirmed. My guess: 80-20. Some of the Democrat senators have to vote no to keep their base happy. A few GOP senators will break ranks but it would only be the few who want to retain their maverick status.